Florida Senate - 2022                                    SB 1390
       By Senator Rodriguez
       39-00962A-22                                          20221390__
    1                        A bill to be entitled                      
    2         An act relating to release of adoption information;
    3         amending s. 63.162, F.S.; revising requirements
    4         related to the disclosure of certain adoption-related
    5         records without a court order; deleting the ability
    6         for certain adoption-related records to be disclosed
    7         without a court order; deleting a required fee for
    8         certain services and expenses; amending s. 382.015,
    9         F.S.; authorizing a court to break the seal of
   10         specified birth records upon the request of the person
   11         whose birth is the subject of such records under
   12         certain circumstances; amending s. 63.085, F.S.;
   13         conforming a cross-reference; providing an effective
   14         date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsections (4) through (7) of section 63.162,
   19  Florida Statutes, are amended to read:
   20         63.162 Hearings and records in adoption proceedings;
   21  confidential nature.—
   22         (4)(a)A person may disclose the following from the records
   23  without a court order:
   24         1.The name and identity of the birth parent, if the birth
   25  parent authorizes in writing the release of his or her name and
   26  the adoptee is 18 years of age or older. If the adoptee is
   27  younger than 18 years of age, the adoptive parent must also
   28  provide written consent to disclose the birth parent’s name;
   29         2.The name and identity of the adoptee, if the adoptee is
   30  18 years of age or older and authorizes in writing the release
   31  of his or her name; or, if the adoptee is younger than 18 years
   32  of age, written consent to disclose the adoptee’s name is
   33  obtained from an adoptive parent; or
   34         3.The name and identity of the adoptive parent, if the
   35  adoptive parent authorizes in writing the release of his or her
   36  name.
   37         (b) A person may disclose from the records without a court
   38  order the name and identity of a birth parent, an adoptive
   39  parent, or an adoptee under s. 382.015(4) upon order of the
   40  court for good cause shown. In determining whether good cause
   41  exists, the court shall give primary consideration to the best
   42  interests of the adoptee, but must also give due consideration
   43  to the interests of the adoptive and birth parents. Factors to
   44  be considered in determining whether good cause exists include,
   45  but are not limited to:
   46         1.The reason the information is sought;
   47         2.The existence of means available to obtain the desired
   48  information without disclosing the identity of the birth
   49  parents, such as by having the court, a person appointed by the
   50  court, the department, or the licensed child-placing agency
   51  contact the birth parents and request specific information;
   52         3.The desires, to the extent known, of the adoptee, the
   53  adoptive parents, and the birth parents;
   54         4.The age, maturity, judgment, and expressed needs of the
   55  adoptee; and
   56         5.The recommendation of the department, licensed child
   57  placing agency, or professional that prepared the preliminary
   58  study and home investigation, or the department if no such study
   59  was prepared, concerning the advisability of disclosure.
   60         (5)The adoptee or other person seeking information under
   61  this subsection shall pay the department or agency making
   62  reports or recommendations as required hereunder a reasonable
   63  fee for its services and expenses.
   64         (6)Subject to the provisions of subsection (4),
   65  identifying information regarding the birth parents, adoptive
   66  parents, and adoptee may not be disclosed unless a birth parent,
   67  adoptive parent, or adoptee has authorized in writing the
   68  release of such information concerning himself or herself.
   69  Specific names or identifying information must not be given in a
   70  family medical history. All nonidentifying information,
   71  including the family medical history and social history of the
   72  adoptee and the birth parents, when available, must be furnished
   73  to the adoptive parents before the adoption becomes final and to
   74  the adoptee, upon the adoptee’s request, after he or she reaches
   75  majority. Upon the request of the adoptive parents, all
   76  nonidentifying information obtained before or after the adoption
   77  has become final must be furnished to the adoptive parents.
   78         (7)The court may, upon petition of an adult adoptee or
   79  birth parent, for good cause shown, appoint an intermediary or a
   80  licensed child-placing agency to contact a birth parent or adult
   81  adoptee, as applicable, who has not registered with the adoption
   82  registry pursuant to s. 63.165 and advise both of the
   83  availability of the intermediary or agency and that the birth
   84  parent or adult adoptee, as applicable, wishes to establish
   85  contact.
   86         Section 2. Subsection (4) of section 382.015, Florida
   87  Statutes, is amended to read:
   88         382.015 New certificates of live birth; duty of clerks of
   89  court and department.—The clerk of the court in which any
   90  proceeding for adoption, annulment of an adoption, affirmation
   91  of parental status, or determination of paternity is to be
   92  registered, shall within 30 days after the final disposition,
   93  forward to the department a certified copy of the court order,
   94  or a report of the proceedings upon a form to be furnished by
   95  the department, together with sufficient information to identify
   96  the original birth certificate and to enable the preparation of
   97  a new birth certificate. The clerk of the court shall implement
   98  a monitoring and quality control plan to ensure that all
   99  judicial determinations of paternity are reported to the
  100  department in compliance with this section. The department shall
  101  track paternity determinations reported monthly by county,
  102  monitor compliance with the 30-day timeframe, and report the
  103  data to the clerks of the court quarterly.
  105         (a) When a new certificate of birth is prepared, the
  106  department shall substitute the new certificate of birth for the
  107  original certificate on file. All copies of the original
  108  certificate of live birth in the custody of a local registrar or
  109  other state custodian of vital records must shall be forwarded
  110  to the State Registrar. Thereafter, when a certified copy of the
  111  certificate of birth or portion thereof is issued, it must shall
  112  be a copy of the new certificate of birth or portion thereof,
  113  except when a court order requires issuance of a certified copy
  114  of the original certificate of birth.
  115         (b) In an adoption, change in paternity, affirmation of
  116  parental status, undetermined parentage, or court-ordered
  117  substitution, the department shall place the original
  118  certificate of birth and all papers pertaining thereto under
  119  seal, not to be broken except by order of a court of competent
  120  jurisdiction or at the request of the person whose birth is the
  121  subject of the certificate of birth, provided that such person
  122  is 18 years of age or older, or as otherwise provided by law.
  123  However, before the seal may be broken and the record opened
  124  without a court order, the requesting person must first identify
  125  himself or herself to the satisfaction of the State Registrar.
  126         Section 3. Paragraph (a) of subsection (2) of section
  127  63.085, Florida Statutes, is amended to read:
  128         63.085 Disclosure by adoption entity.—
  130         (a) At the time that an adoption entity is responsible for
  131  selecting prospective adoptive parents for a born or unborn
  132  child whose parents are seeking to place the child for adoption
  133  or whose rights were terminated pursuant to chapter 39, the
  134  adoption entity must provide the prospective adoptive parents
  135  with information concerning the background of the child to the
  136  extent such information is disclosed to the adoption entity by
  137  the parents, legal custodian, or the department. This subsection
  138  applies only if the adoption entity identifies the prospective
  139  adoptive parents and supervises the placement of the child in
  140  the prospective adoptive parents’ home. If any information
  141  cannot be disclosed because the records custodian failed or
  142  refused to produce the background information, the adoption
  143  entity has a duty to provide the information if it becomes
  144  available. An individual or entity contacted by an adoption
  145  entity to obtain the background information must release the
  146  requested information to the adoption entity without the
  147  necessity of a subpoena or a court order. In all cases, the
  148  prospective adoptive parents must receive all available
  149  information by the date of the final hearing on the petition for
  150  adoption. The information to be disclosed includes:
  151         1. A family social and medical history form completed under
  152  s. 63.162(4) pursuant to s. 63.162(6).
  153         2. The biological mother’s medical records documenting her
  154  prenatal care and the birth and delivery of the child.
  155         3. A complete set of the child’s medical records
  156  documenting all medical treatment and care since the child’s
  157  birth and before placement.
  158         4. All mental health, psychological, and psychiatric
  159  records, reports, and evaluations concerning the child before
  160  placement.
  161         5. The child’s educational records, including all records
  162  concerning any special education needs of the child before
  163  placement.
  164         6. Records documenting all incidents that required the
  165  department to provide services to the child, including all
  166  orders of adjudication of dependency or termination of parental
  167  rights issued pursuant to chapter 39, any case plans drafted to
  168  address the child’s needs, all protective services
  169  investigations identifying the child as a victim, and all
  170  guardian ad litem reports filed with the court concerning the
  171  child.
  172         7. Written information concerning the availability of
  173  adoption subsidies for the child, if applicable.
  174         Section 4. This act shall take effect July 1, 2022.